BIA Appeals
When an immigration judge's decision is in question, an appeal to the Board of Immigration Appeals reviews the record for legal error.
Speak with the AttorneyWhat it is
An appeal to the Board of Immigration Appeals (BIA) asks a higher body to review an immigration judge's decision for legal error, based on the existing record.
What the process can look like
Reviewing the record and the decision; identifying the legal issues; preparing the written brief; and handling responses.
How Montoya Law Group approaches it
Appeals are precise, written advocacy. The work is in identifying the strongest legal arguments and presenting them clearly on the record.
The 30-day deadline and the record
A notice of appeal generally must be received by the Board of Immigration Appeals within 30 calendar days of the immigration judge's decision — a deadline enforced strictly. The appeal is then decided on the existing record: the transcript, the exhibits, and the briefs. New evidence generally has no place in an appeal; where new facts emerge, a motion to reopen may be the right vehicle instead. Preserving issues at trial and briefing them precisely is what appellate work rewards.
Standards of review and outcomes
The Board reviews an immigration judge's findings of fact for clear error, and questions of law and judgment de novo — a difference that determines which arguments carry weight on appeal. Outcomes include dismissal of the appeal, sustaining it, or remand for further proceedings. Where the Board rules against a noncitizen, review may be available in the federal court of appeals on a petition filed within its own strict deadline.
While the appeal is pending
A timely appeal of an immigration judge's decision generally suspends execution of the removal order while the Board considers the case, though exceptions exist and nothing should be assumed without checking the posture of the specific order. Board decisions can take months or longer. During that time, keeping your address current with the Board and with counsel is not housekeeping — it is how you receive the decision and preserve the deadlines that follow it.
Where a consultation begins
A consultation reviews the judge's decision and the trial record, identifies the legal errors worth raising, and gives a candid view of the appeal's prospects — including whether an appeal, a motion, or both is the sound course.
Request a ConsultationThis page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case depends on its own facts, and prior results do not guarantee a similar outcome. Consult a qualified immigration attorney about your situation. This website is attorney advertising.